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NARENDRA KUMAR VYAS
Babla @ Gulab S/o Bisoha Kumar – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
NARENDRA KUMAR VYAS, J.
1. This criminal appeal preferred by the appellant under Section 374 (2) of Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dated 04.05.2001 passed by Sessions Judge, Rajnandgaon, District Rajnandgaon in Sessions Trial No. 24/2001 whereby the appellant has been convicted for offences punishable under Sections 376(2) (g) and 324/34 IPC and sentenced him to undergo rigorous imprisonment for 10 years under Section 376(2)(g) IPC, rigorous imprisonment for 2 years under Section 324/34 IPC with a direction to run the sentences concurrently.
2. The record would demonstrate that accused Ghanshyam @ Choubisha was also convicted with present appellant Babal @ Gulab, who has never challenged the judgment of conviction and order of sentence passed against him by the trial Court as he has already completed the entire sentence awarded to him.
3. Case of the prosecution, in brief, is that the prosecutrix was residing in her inlaws house at Kumharpara Dongargarh. Mother-in-law of the prosecutrix and her husband had gone out side of the house for some work and only brother-in-law Ghanshyam, father-in-law Ramkanhaiya and the prosec
The reliability of victim testimony and the presumption of absence of consent in rape cases are crucial legal principles established in the judgment.
(1) Conviction cannot be based solely on statements made by accused under sub-section (1) of Section 313 of Cr.P.C.(B) Gang rape – Enhancement in sentence is not justified many years after incident.
The victim's testimony in sexual assault cases is entitled to great weight, and corroboration is not essential for conviction. The court must be sensitive and careful in evaluating the evidence, and ....
Partial penetration is sufficient for a conviction of attempted rape, reaffirming the necessity of proven intent to commit the offence.
The main legal point established in the judgment is the significance of the victim's testimony, the lack of necessity for corroboration in rape cases, and the importance of identifying the accused in....
The main legal point established in the judgment is the requirement to prove the guilt of the accused beyond reasonable doubt before a conviction can be made.
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